Gallagher v. Smith

COLE, Judge.

This is an appeal in a patent interference proceeding in which the junior party, the joint inventors Gallagher and Weber, seeks to establish that the Board of Interference Examiners erred in awarding priority of invention as to all counts in issue to the senior party and patentee, Raymond D. Smith.

Recital of events directly leading to the declaration of interference commences with the filing of the Smith application on June 20, 1945, for improvements in a “Demountable Time Switch Unit for Universal Use.” Thereafter, on January 26, 1946, the appellants filed a patent application…